IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3375 of 2007
1. SUBODH PRASAD RAI , son of Sri Waskil Bihari, resident of village
Harpur, P.S. Kathaiya, District Muzaffarpur.
2. Rajesh Kumar, son of Jai Narayan Sah, resident of village Parohan, P.S.
Kathaiya, District Muzaffarpur.
3. Umesh Dubey, son of Bachcha Dubey, resident of village Parohan, P.S.
Kathaiya, district muzaffarpur.
Versus
1. THE STATE OF BIHAR
2. The Secretary, Primary and Adult Education Department, Government of
Bihar, Patna.
3. The District Magistrate, Muzaffarpur.
4. The District Education Officer, Muzaffarpur.
5. District Superintendent of Education, Muzaffarpur, District muzaffarpur.
6. block Education Extension officer, kathaiya District muzaffarpur.
7. Mukhiya, Gram Panhayat Raj, Harpur, P.S. Kathaiya, District Muzaffarpur.
8. Sanjay Kumar, son of Suresh Kumar Singh, resident of village Kathaiya, P.S.
Kathaiya, District muzaffarpur.
9. Ram Binay Rai, sonof Sri shoe Balak Rai, resident of village Parohan, P.S.
Kathaiya, District Muzaffarpur.
10. Prem Shankar Rai, son of Anant Prasad Rai, resident of village Harpur, P.S.
Kathaiya, District Muzaffarpur.
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2 1.10.2010 Having heard counsel for the parties as with regard to
the following relief:-
“(i)For issuance of an appropriate writ,
order or direction in the nature of writ of certiorari,
for quashing the selection list dated 31.5.2005 (as
contained in Annexure 3 to this writ application)
issued by Respondent no.7 Mukhiya, Gram
Panchayat Raj, Harpur and the appointment of
Respondent Nos. 8 to 10 as „Shiksha Mitra‟ in Gram
Panchayat Raj, Harpur may be quashed.
(ii)For issuance of an appropriate writ,
order or direction, in the nature of writ of
Mandamus, commanding the respondents to appoint
the petitioners as Shiksha Mitra in the aforesaid
Gram Panchayat Raj, Harpur in view of the facts
that the petitioners‟ names appear higher in the
merit list (Annexure 2) in terms of the guidelines
issued by respondent no.2 which are mandatory and
binding for the selection.”
this Court is of the considered opinion that while no
order can be now passed for appointment of the petitioners on the
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post of Shiksha Mitra, the post which has already been abolished
by the State Government w.e.f. 1.7.2006, the remaining grievance
as with regard to illegality in the selection and appointment of
respondent nos. 8, 9 and 10 can still be looked into by the District
Teachers Appellate Authority in the event the petitioners would
file their complaint before the said authority.
With the aforementioned observation this application
is disposed of.
Abhay Kumar ( Mihir Kumar Jha, J.)